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HomeMy WebLinkAbout04 05 88 PC MinutesApril 5, 1988 The Albemarle County Planning Commission held a public hearing on Tuesday, April 5, 1988, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Tom Jenkins; Ms. Norma Diehl; and Mr. Harry Wilkerson. Other officials present were: Ms. MaryJoy Scala, Senior Planner; Mr. Ronald Keeler, Chief of Planning; and Mr. John Horne, Director of Planning and Community Development. Absent: Commissioners, Stark, Michel and Gould and Mr. George St. John, County Attorney. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes of March 8 and March 22 were approved as submitted. Carter's Bridge Agricultural/Forestal District - is proposed on Rt. 20, and on State Rts. 618, 627, 708, 727, 761, and 795 in the vicinity of Carter's Bridge, Blenheim and Woodridge. It is comprised of: Tax Map 101, Parcel 55A; Tax Map 102, Parcels 17A, 17B, 17B1, 17D, and 18; Tax Map 112, Parcel 15; Tax Map 113, Parcels 1, 1A, 2, 3, 11, and 11A; Tax Map 114, Parcels 21, 25, 30, 51, 55, 56, 67, 67B, 69 and 70; Tax Map 115, Parcel 10; Tax Map 123, Parcels 2, 24, and 59; Tax Map 124, Parcel 11; and contains 7,969.719 acres. Ms. Scala gave the staff report. Staff recommended approval of the district for a ten year period. The Chairman invited public comment. Mr. Nolan Carter, a participant in the districtp indicated he was available to answer questions. There being no public comment, the matter was placed before the Commission. Ms. Diehl moved that the Carter's Bridge Agricultural/Forestal District be recommended to the Board of Supervisors for approval. Mr. Wilkerson seconded the motion which passed unanimously. The proposal was to be heard by the Board on April 20, 1988. Lanark Agricultural/Forestal District - is proposed on the eastern slope of Carter's Mountain on State Rt. 627. It is comprised of Tax Map 91, Parcel 20, and Tax Map 103, Parcels IA, 1J, 1K, 1L, and 2A, and contains 996.047 acres. Ms. Scala gave the staff report. Staff recommended approval of the district for a ten year period. The Chairman invited public comment. A member of the public asked for an explanation of an agricultural/forestal district. Ms. Scala gave a brief explanation. April 5, 1988 Page 2 Ms. Tamara Vance, representing the Piedmont Environmental Council,was present to answer questions. There being no further comment, the matter was placed before the Commission. Mr. Wilkerson moved that the Lanark Agricultural/Forestal District be recommended to the Board of Supervisors for approval. Ms. Diehl seconded the motion which passed unanimously. The matter was to be heard by the Board on April 20., 1988. Panorama Agricultural Forestal District - is proposed at the end of State Rts. 661 and 844 near Earlysville. It is comprised of Tax Map 45; Parcel 1, and Tax Map 41, Parcel 23A,.and contains 842.25 acres. Ms. Scala gave .the staff report. Staff recommended approval of the district for a ten year period. The Chairman invited public comment. Mr. John Huckle, an adjacent land owner, stated he was interested in joining the district, if approved. Mr.Horne noted that applications can be received up until the time of adoption by the Board of Supervisors. There being no further public convent, the matter was placed before the Commission. Mr. Wilkerson moved that the Panorama Agricultural/Forestal District be recommended to the Board of Supervisors for approval. Ms. Diehl seconded the motion which passed unanimously. The matter was to be heard by the Board on April 20, 1988. SP-88-17 Cathy Si -coons - Request in accordance with Section 20.3.2 of the Zoning Ordinance for the issuance of a special use permit to allow a day care center to be located on 0.16 acres, zoned PUD, Planned Unit Development. Property, described as Tax Map 61-XI-Block GG, Lot 5, is located in the F'our'Seasons PLT on the east side of Monterey Drive north of Lake Forest Drive. Charlottesville Magisterial District. The Chairman noted that the applicant had requested that the application be withdrawn without prejudice. Mr. Wilkerson moved, seconded by Ms. Diehl, that the applicant's request for withdrawal without"prejudice be accepted. The motion passed unanimously. April 5, 1988 Page 3 SP-88-09 Ralph A. Hall - Ralph A. Hall petitions the Board of Supervisors to issue a permanent mobile home permit for a single -wide mobile home on 53.7 acres. This mobile home is to be located on property described as Tax Map 35, Parcel 41A. This parcel is located on the north side of Rt. 641, 0.5+ from Rt. 20. Zoned RA, Rural Areas. Rivanna Magisterial District. (Mr. Keeler introduced a new planner, Mr. Bill Fritz, to the Commission.) Mr. Fritz presented the staff report. The report explained that the "mobile home is currently located on the property and occupied under a temporary mobile home permit which was issued administratively on February 14, 1986." The report concluded: "Staff opinion is that 5 years is adequate time to construct a dwelling and that conversion of temporary permits to permanent permits should be avoided except under extraordinary circumstances." In response to Mr. Bowerman's question, Mr. Fritz confirmed that the applicant's new home was under construction. It was determined the other two dwellings on the property were "stick built" and not mobile homes. Mr. Bowerman expressed confusion as to why the special permit was being requested for a permanent mobile home. Mr. Fritz explained that the applicant had submitted a letter explaining that a request for a permanent permit was being made on the advice of the Zoning Department in order to "eliminate arbitrary deadlines which do not coincide with our business dealings; to eliminate threats to take away our permit if we do not meet these deadlines; to eliminate the constant, special, unannounced visits of inspectors." Mr. Fritz confirmed that currently the applicant's permit was in compliance with the Ordinance. The Chairman invited applicant comment. Mr. Berry Davis, current occupant of the mobile home, addressed the Commission. He confirmed that he was applying for the permanent permit on the advice of Mr. Evans of the Zoning Department. In response to Mr. Bowerman's question, Mr. Davis explained that Mr. Ralph Hall was his father-in-law who also resides on the property. He explained that the property belongs to his wife through a Deed of Trust. The Chairman invited public comment. Mr. Pierre Buscheron, an adjacent property owner, addressed the Commission and expressed his opposition to the request. He stated the mobile home is only 50 feet from the property line and no screening exists on the applicant's property. Mr. Robert Bucherou addressed the Commission. He expressed his agreement with the staff report and with the statements made by his father, Mr. Pierre Busheron. April 5, 1988 Page 4 The Chairman invited comment from Mr. Ralph Hall. Mr. Hall addressed the Commission. He stated that the standards of safety on the property were.more stringent than what was required by the Commission. He disagreed that the existence of the mobile home would devalue surrounding property. He expressed concern about unannounced visits from various inspectors. He felt that such inspectors should :Hake their presence known and allow the residents of the property to accompany them on their inspections. He stressed that the permanent permit was being requested at the advice of the Zoning Department. He stated that the mobile home would be sold and removed after completion of the conventional dwelling. There being no further public comment, the matter was placed before the Commission. Mr. Bowerman asked for an explanation of the procedure for granting a temporary or permanent special permit for a mobile home administratively. Mr. Keeler explained these were two separate processes since the require- ments for a temporary mobile home are not as extensive. He stated: "The Ordinance specifies for a temporary :mobile home that the applicant and/or owner of the subject property shall certify as to the intent for locating the mobile home at the time of application. It also requires Albemarle County building official approval, minimum frontage setback and side and rear yard setback shall be determined by the Zoning Administrator... and provisions for potable water supply and sewage facilities to the reasonable satisfaction of the Zoning administrator and a local office of the Health Department." He continued "Any permit issued pursuant to 5.7 shall expire 18 months after date of issuance unless actual construction shall have commenced and is thereafter prosecuted in good faith...." Mr. Keeler pointed out that the staff report gave conditions of approval (if the Commission chose to approve the request) which were in addition to those conditions placed on the temporary permit. Mr. Keeler also noted that the temporary permit is issued administratively with no notice to adjoining property owners, while a permanent permit may be issued administratively after notice to adjoining owners if no objection is made to the permit. Mr. Bowerman stated he felt the applicant acted in good faith when originally applying for a temporary permit in anticipation of the con- struction of a permanent dwelling and the County acted in good faith in granting the permit administratively. He continued: "From what I've heard tonight, I see nothing here that would make me change the original approval or take any action on this application except to recommend denial to the Board and let the existing temporary mobile home permit stay in place anticipating the construction of the permanent dwelling." his. Diehl agreed. She felt the months remaining on the existing permit along with extensions that could be granted were sufficient. April 5, 1988 Page 5 Mr. Jenkins asked why the County was giving the applicant deadlines to meet. Mr. Bowerman explained that there are apparently performance guidelines for a'temporary mobile home permit which anticipates the construction of a full-size conventional home. He thought there was a schedule of events that were to occur at the proposed location for the permanent home. Mr. Keeler stated that.a schedule is specified in the Ordinance and he was not aware of a more detailed schedule which the Zoning Department might have. He stated the ordinance allows 18 months to get under construction and thereafter the applicant must proceed in good faith. He continued: "The Zoning Administrator may revoke any such permit after 10 days' written notice at any time upon a finding that con- struction activities have been suspended for an unreasonable time or in bad faith. In any event, any such permit shall expire three years from the date of issuance, provided, however, that the Zoning Administrator may, for good cause shown, extend the time of such expiration for not more than two successive periods of one year each." Mr. Keeler explained that a total of 5 years was possible under a temporary permit provided progress is being made at specified time periods. Mr. Wilkerson moved that SP-88-09 for Ralph A. Hall be recommended to the Board of Supervisors for denial. Ms. Diehl seconded the motion. Mr. Jenkins asked if this would resolve the problem. Mr. Bowerman stated: "It resolves the problem insofar as the request that is before us." He felt Mr. Jenkins question about the administration of a temporary permit was a valid one but not one that the Commission could address. Mr. Keeler stated staff would be happy to arrange a meeting between Mr. Hall, the Zoning Administrator and the Director of Inspections to discuss the issues. Mr. Bowerman indicated he felt it should be determined if this is being followed up in a routine fashion or if, because of neighboring complaints, it is being handled differently. The previously -stated motion for denial passed unanimously. The matter was to be heard by the Board on April 20, 1988. ZMA-88-04 Republic Homes (North Pantops PRD) - Republic Homes Petitions the Board of Supervisors to amend ZMA-79-27 to permit change in access. Property, described as Tax Map 78, Parcel 57 (part of) is adjacent and northeast of Ashcroft PRD in the Rivanna Magisterial District. (Note: Mr. Bowerman excused himself from hearing this petition due to a possible conflict of interests. He was uncertain as to whether a conflict did actually exist, but since the County Attorney was not present to make a determination, he felt it best to excuse himself.) April 5, 1988 Page 6 Mr. Keeler presented the staff report. Staff recommended approval of the request and stated amendments to the criginal conditions of approval of ZMA-79-27. Mr. Keeler added that the applicant was proffering that "the subject lots will be platted only so long as the projected vehicular traffic on Franklin Drive remains within the standards established by the Virginia Department of Transportation's Subdivision Street Requirements." Ms. Diehl asked for an explanation of Bache Lane. Mr. Keeler responded: "Bathe Lane was originally approved to serve 9 lots (parcel 28) and that was under the prior Zoning Ordinance. When the new ordinance was adopted that portion of the development was not pursued and currently that property can only be divided into rive lots. The proposal is to continue Bache Lane on through into the PRD in this fashion." He confirmed that the land can be acquired to allow this. In response to. Mr. Wilkerson's question, 'sir. Keeler stated that Lot 28 "is susceptible to a total of five lots --I'm not sure there are that many building sites on it." Ms. Diehl, acting in 'Mr. Bowerman's absence, invited public comment. Ms. Marjorie Brown Ragland addressed the Commission. She expressed concern about the impact on flooding which the construction of a road might cause. (Ms. Ragland was the owner of 8 acres on Rt. 769.) She indicated the road was.subject to flooding. Ms. Diehl responded: "Z don't think that is in the area that we are talking about; I think that is beyond the confines of the area that has already been approved for subdivision." Ms.. Diehl further explained that the road that might possibly be extended was to the east. about Mr. Keeler thought Ms. Ragland was concerned/actual runoff from the subdivision. He stated, "The change in the road alignment, I do not think would affect .you. ... A portion of this property is within the urban stormwater detention area. (He pointed out an area that would drain in Ms. Ragland's direction.) I don't know how much of the property is under the stormwater control; it would all be under control of the Soil Erosion Ordinance." Ms. Diehl expressed understanding of Ms. Ragland's concern, but stated the problem does not lie with the current issue, i.e, the road connection, but rather what may arise as the subdivision develops. She stated that the situation will. be monitored and conditions of the subdivision will require monitoring by the County. She advised Ms. Ragland to notify the County if problems should arise. Mr. Claude Reed, a resident of Franklin, addressed the Commission. He asked if another access road would be built through Ashcroft or if the only one proposed was the one through Franklin. Mr. Keeler responded: "The access that would.be open for use by the subdivision would be through Franklin. We would be recommending, at the time of April 5, 1988 Page 7 subdivision approval, that there be an emergency connection into Ashcroft in the event (these other roads) should be blocked, for emergency purposes, not for regular usage." Mr. Keeler confirmed 28 lots have been approved, subject to the conditions listed and Health Department approval. Ms. Diehl added that 28 lots were conceivable, but that all 28 might not be achievable. In response to Mr. Reed, Mr. Keeler explained that a large plan of the subdivision could be seen at the Planning Department offices and the matter would be heard by the Board of Supervisors on April 20, 1988. Mr. Jenkins pointed out that the Commission would also be reviewing a subdivision plat at some future time, and the public would be allowed to comment at that time also. Ms. Diehl clarified that the subdivision has been approved for 28 homes, but has not been plati2d. It was determined a date had not been set for review of the subdivision plat. Mr. Horne pointed out that adjoining property owners would be notified when, or if, the actual plat is to come before the Commission. Ms. Patty Kabash, an adjoining property owner, addressed the Commission. She expressed concern about traffic and about a sight distance problem at the point where the road meets Rt. 20. She asked if a traffic light was planned. She asked if an emergency access to Ashcroft might at some time in the future become a public road. At this point, Ms. Diehl invited comment from the applicant. Mr. Bob Hauser, representing Republic Homes, addressed the Commission. He explained that the road needed to be realigned because Ashcroft has not developed to the point where access to Lego Drive is possible. He felt there was a demand for this type of subdivision in this location. He stated the development envisioned was along the lines of Wintergreen. He felt the plan would not create a lot of runoff, and certainly not more than was anticipated with the original approval. Regarding Ms. Kabash's concerns about the entrance location on Rt. 20, Ms. Diehl explained that at present there were no comments from the Highway Department on this issue. Mr. Keeler added that, unless VDOT standards have changed, he would be surprised if any improvements were required to that intersection. Ms. Diehl pointed out that that would be addressed at the time of subdivision review. Ms. Diehl also stated that emergency accesses are often just left as grassed areas, or possibly chained. There being no further public comment, the matter was placed before the Commission. Mr. Jenkins expressed some interest in the future of a possible second access. April 5, 1988.Page 8 Mr. Keeler explained: "The Board of Supervisors vacates rights -of -way all the time. Our Subdivision Ordinance actually requires you to provide for continuation of roads so you will have a logical road network, so, for example, the school buses can go through Franklin and then into Ashcroft without having to loop back around, so there will be a residential street pattern. That's been avoided in the County. we have very few subdivisions that connect to other subdivisions. ... On the one hand our ordinance basically requires it, but on the other hand, the Commission and the Board have not required it." Mr. Horne added: "You do have control over it. If it's not platted in the public street right-of-way now, which we're not recommending that it be, when and if they want to come back in and re -plat that and establish a public right-of-way through there, that would have to obtain County approval, and. if it was not a good idea at that time, we would not approve it." Mr. Jenkins moved that ZMA-88-4 for Republic Homes be recommended to the Board of Supervisors for approval subject to the following amendments to conditions of approval of ZMA-79-27 and subject to the applicant's proffer as stated in a letter of April 5, 1988, signed by Robert X. Hauser: I. Approval is for a maximum of 28 dwellings subject to conditions contained herein. Locations and acreages of various land uses shall comply with the Application Plan. In the final site plan and subdivision process, open space shall be dedicated in proportion to the number of lots approved; 2. No grading or clearing for street construction shall occur within any area until the final Stormvater Detention and drainage plans for subject .subdrainage basin have been approved for concurrent construction; 3. No grading or construction on slopes of 25% or greater except as necessary for road construction as approved by the County Engineer; 4. All lots shall be served by public water. 5. Virginia Department of Transportation approval of road plans including revised plans for Bache Lane; 6. County Attorney approval of Homeowners' Association agreements. 7. Minimum yard regulations shall be as follows: front - 25 feet; side - 15 feet; rear -- 20 feet. A separation of 100 feet or more between dwellings shall be maintained, for fire protection, provided that such distance may be reduced by the Fire Official in accordance with Section 4.11.3 of the Zoning Ordinance (Yard regulations shall not be reduced.). Fire Official approval of fire prevention system. Such system shall be provided prior to any certificate of occupancy; 8. Virginia Department of Health approval of two septic field locations April 5, 1988 Page 9 on each lot. The Health Department shall either supervise or test each lot utilizing soil tests by a qualified soil scientist and undertake or supervise percolation tests as they may be required. Such tests must demonstrate that two septic drainfields can be located on each lot without encroaching on any slope exceeding 25%. Septic tanks and/or drainfields shall not be located on any slope of 25% or greater. Any lot not having adequate septic system site shall be combined with a building lot and/or added to the common open space. Mr. Wilkerson seconded the motion which passed unanimously. Mr. Bowerman returned to the meeting. ZMA-88-3 United Land Corporation and SP-88-20 United Land Corporation - United Land Corporation, under ZMA-88-3, petitions the Board of Supervisors to rezone 34.3 acres from RA, Rural Areas as follows: 6.2 acres to C-1, Commercial (PROFFER) and 28..1 acres to LI, Light Industrial. SP-88-20 proposes location of two motor vehicle rental businesses on. the 6.2 proposed to be rezoned to C-1 (Section 22.2.2.8). Property, described as Tax Map 32, Parcel 17, is located on the north side of Rt. 649 about 1/2 mile west of U.S. Rt. 29N in the Rivanna Magisterial District. Mr. Horne and Mr. Keeler gave the staff report. staff recommended approval of ZMA-88-03 and acceptance of the applicant's proffer to distinguish this action from endorsement of general commercialization of recommended industrial areas. Staff also recommended approval of SP-88-20 subject to conditions. Mr. Keeler pointed out that the applicant's proffer which limits the use of the C-1 property to car rental agencies only. Mr. Keeler added the following comment: "The way the staff report is written, it almost indicates that if you approve this you are obligated to amend the Comprehensive Plan. We don't want to get you into any kind of promissory position in doing that, so if you set that issue aside, the C-1 zoning is not consistent with the Plan, with the literal review of the Land Use Plan. It is to provide for uses that are directly supportive of the airport and in that regard the issue is whether or not that overrides the question of consistency with the literal review of the Land Use Map." Mr. Keeler confirmed that auto rentals are not allowed in the LI zone. The Chairman invited applicant comment. The applicant was represented by Mr. Wendell Wood who offered to answer questions. There being no public comment, the matter was placed before the Commission. .gaoo April 5, 1988 Page 10 -Mr. Bowerman stated that he had no problem with the proposal as outlined in the staff report. He felt it was consistent with his idea of the Comprehensive Plan, i.e. that near an airport car rental.agencies should, be allowed. He felt the staff report had presented a justification "to do that without opening us to wholesale changes in the Comprehensive Plan recommendations for commercial in place of industrial." He continued: "I think this is somewhat unique, not to say that we couldn't have another application for another car. rental .agency adjacent to it or someplace on 606 or something like that. I thought we discussed something in the Camp Plan (worksessions) about airport -developed property, some property the airport owned that they could do for this use." Mr. Horne responded: Ve113 actually, it was probably right about on these parcels. In the staff original recommendation for the proposed land use map, we had.showed a regional service area along Airport Road. It wasn't tied to parcels, but it was sort of in this area with the idea that in the long run it would be appropriate to mix in some commercial uses as support services to the airport. However,'I don't think I would really relate what our thinking at that time was to what our thinking is with this rezoning. You decided not to do that and that's a decision thatwe're accepting. That's not the kind of use we see here. This use, truly in our mind, is directly related to the service of the airport, not indirectly. There are patrons of the airport who.,rant to get on planes and who want to rent cars as opposed to they may need to eat in a restaurant, they may need to stay in a hotel, they may need to do a number of other things while in the area. They can do those other places. They don't need to do that right near or at the airport. So, I think our position is clear in the staff report,.but it's important to me that you feel comfortable in not setting a precedent with this rezoning. It is a very restrictive proffer, as you can see --one use and one use only --because we don't support in any way going into a large-scale industrial area and inserting commercial uses. .They should be separated except where you can feel that there is a firm justification for allowing limited intrusion in a particular case." Mr. Bowerman asked that the following portions of the staff report, addressing the justification for this rezoning, be included in these ainutes: "In this particular case, staff offers the following comments for the proposed C-1 zoning: 1. Auto rental uses are directly related to and supportive of the Charlottesville -Albemarle Airport. Automobile rentals are a direct service to airport patrons and, in fact, the agencies have in the past operated at the airport itself. The staff however, anticipates the need for the type of acreage to be quite limited and would distinguish between these direct services and their indirectly related commercial enterprises. (The Planning Commission in Comprehensive Plan deliberations may wish to consider designation of an area for airport related commercial uses); 2. The applicant has specifically limited use of the C-1 area to auto rental agencies only." -9.2 `-7 April 5, 1988 Page 11 Ms. Diehl stated that given the background information in the staff report, she had no problem with the proposal. Mr. Wilkerson agreed and moved that ZMA-88-03 for United Land Corporation be recommended to the Board of Supervisors for approval subject to the applicant's proffer letter of March 11, 1988, signed by Wendell W. Wood and also that SP-88-20 for United Land Corporation be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Tax Map 32, Parcel 17 consisting of 34.3 acres to be developed employing internal road system, with all access restricted to internal road; 2. The Planning Commission shall require substantial screening of auto storage areas from Route 649 at time of site plan approval. Ms. Diehl seconded the motion which passed unanimously. Both proposals were to be heard by the Board on May 4, 1988. Collector Roadways in Southern Urban Areas - Discussion of possible alignments and costs of collector roadways in the Southern Urban Area. Mr. Horne gave the staff report and led a discussion of the two most viable alternatives to providing east -west connector roadways in the Southern Urban Area of the County. The two roads discussed were: (1) The Biscuit Run Connector (Avon Street to Fifth Street); and (2) The Southern Collector Road (Avon Street to Rt. 20 South). Two consultant reports, including maps, were included, the purpose of which was to find actual feasible alignments for consideration by the Planning Commission and the Board of Supervisors. The staff report summarized the results of the studies and prepared a chart of the advantages and disadvantages of each proposed roadway. Cost estimates were also included in the consultant. reports. The staff report recommended "that the Planning Commission and Board of Supervisors endorse the construction of the Southern Collector Road from Avon Street to Route 20 along the recommended alignment A-2. The construction costs of this roadway are much more manageable and would provide most of the same immediate benefits of the Biscuit Run Collector." The report also stated: "Another decision that needs to be made by the Planning Commission and Board of Supervisors is the status of the Biscuit Run Connector in the Comprehensive Plan. (... ) ... if the Board has no intention of ever building the Biscuit Run Connector along the proposed alignment, it would only be fair to all persons involved to remove it from the Comprehensive Plan." ,?30 April 5, 1988 Page 12 After some discussion, fir. Wilkerson moved that the Commission endorse alignment A-2, (Southern Collector Road from Avon Street to Route 20). Xs. Diehl seconded the motion which passed unanimously. Regarding the removal of the Biscuit Run Collector from the Comprehensive Plan, it was the consensus of the Commission that this issue be discussed further before making a recommendation. The Commission was reluctant to recommend the deletion of the Biscuit -Run Connector without further study because VDOT has adamantly refused to consider an interchange at Avon Street and there appears to be no other way to get traffic off Avon Street and into the City. It was determined this issue would be discussed further at the April 12 meeting. OLD BUSINESS Mr. Bowerman read a letter from Mr. Richard Could in which :fir. Gould resigned his position as a member of the Planning Commission representing the Rivanna Xagisterial District, effective March 31, 1988. zh. Bowerman stated that election of a new vice chairman would take place at the next Commission meeting at which all six remaining members were present. There being no further business, the meeting adjourned at 9:45 p.m. VvV C r � J hn Horne, Secretary Recorded by: Janice Wills Transcribed by Deloris Sessoms